Smt. Gangarajamma vs Sri. Krishnappa
2021 Latest Caselaw 5607 Kant

                                             RSA.1438/2015
                            1
     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 6TH DAY OF DECEMBER, 2021

                        BEFORE

     THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

        REGULAR SECOND APPEAL NO.1438/2015

BETWEEN:

SMT. GANGARAJAMMA
W/O RAVI,
D/O CHIKKABODAPPA,
AGED ABOUT 28 YEARS,
RESIDING AT NAMGONDLU VILLAGE,
D. PALYA HOBLI,
GAURIBIDANUR TALUK,
CHICKBALLAPUR DISTRICT-561208.           ... APPELLANT

(BY SRI L.SRINIVASA BABU, ADV.-ABSENT)

AND:

1.     SRI. KRISHNAPPA
       S/O LATE CHINNAPPAIAH,
       AGED 47 YEARS,
       RESIDING AT CHANNABYRENAHALLI,
       KASABA HOBLI, GAURIBIDANUR TALUK-561208.

2.     SRI BALAKRISHNA
       S/O LATE GANGAMMA,
       AGED 27 YEARS,

3.     SRI MURALI
       S/O LATE GANGAMMA,
       AGED 25 YEARS
       BOTH ARE RESIDING AT
       CHANNABYRENAHALLI,
       KASABA HOBLI, GAURIBIDANUR TALUK,
       CHICKBALLAPUR DIST.-561208.     ... RESPONDENTS

(BY SRI H.SURESH, ADV. FOR R1-ABSENT;
    V/O DTD: 25.01.19,
    NOTICE TO R2 & R3 HELD SUFFICIENT)
                                               RSA.1438/2015
                             2
     THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE
DATED 04.04.2015 PASSED IN RA NO.216/2013 ON THE FILE
OF THE SR. CIVIL JUDGE, GAURIBIDANUR, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 22.10.2013 PASSED IN OS.NO.83/2008 ON THE FILE OF
THE PRL. CIVIL JUDGE AND JMFC, GOWRIBIDANUR.

     THIS APPEAL COMING ON FOR DISMISSAL,         THIS   DAY,
THE COURT DELIVERED THE FOLLOWING:

                      JUDGMENT

This Court on 26.10.2021 had finally granted two

weeks' time to file the paper books, failing which the

appeal was directed to be listed for dismissal.

2. Today, though the matter is called twice, there

is no representation on behalf of the appellant and the

paper books have not been filed within the time granted

by this court on 26.10.2021. Therefore, having regard

to the order dated 26.10.2021, this Court has no other

option but to dismiss the appeal for non-prosecution.

Accordingly, the appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

KNM/-